Thursday, March 1, 2007

Getting a Court Date

In Madison or Delaware or Tipton or Grant or Howard or Henry or Hamilton Counties, to get a date generally means calling the court office and scheduling a hearing. If there is a lawyer on the other side, then that lawyer must be consulted about a date.

Sometimes the opposing attorney does not want to cooperate in setting a court date. They just do not return calls about court dates. Then one must file a praecipe. The Praecipe is a motion requesting the court to set a hearing date. I think Marion County requires this for all hearings. Asking the court to order a certain date has its problems. They may set a date where I might have another hearing set in another court in another county or the opposing counsel may have another court hearing already set or the parties might have something scheduled that they cannot miss. (Courts tend to respect only their own calendars. The certainly do not respect attorney's calendars.) The only remedy is to continue the hearing date set by the court.

The best method is to get opposing counsel to agree to a new date. Generally, this is very easy to do.

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